MD ABDUL GANI Vs. MD JURAN ALI MANDAL

JUDGEMENT

(1.) This appeal has been filed by the defendants. The only substantial question of law formulated in this appeal is with regard to the interpretation of Exbts. 2, 3, 4, 5, 6, 7; 9, 11 and 12. All are original sale deeds.

(2.) The plaintiff brought the suit for declaration of title and recovery of possession on the basis of sale deeds mentioned above. The suit was resisted by the defendants and the trial court dismissed the suit holding that the execution of the sale deeds were not proved as the vendors have not been examined. There was an appeal being Title Appeal No. 21/88 before the District Judge at Goalpara and the Learned District Judge at Goalpara allowed the appeal and decreed the suit and the Learned District Judge rightly found that these sale deeds were exhibited in evidence without any objection and as such at the appellate stage no objection can be raised regarding these sale deeds. Accordingly, the Learned Judge found that these sale deeds to be genuine and it was further found that they were duly executed and registered. Having arrived at this finding, the appeal was allowed.

(3.) I have heard Sri M. Nath, learned advocate for the appellants and Sri K. Basar, learned advocate for the respondent.